South Carolina General Assembly
123rd Session, 2019-2020
Journal of the Senate

                                      NO. 58

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019

_________

WEDNESDAY, APRIL 17, 2019

Wednesday, April 17, 2019
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

1 Corinthians 10:31

"Whatever you do, do it all for the glory of God"

Let us pray. Today we pause and remember the life of former U.S. Senator Fritz Hollings who served this State first as Governor and later as our U.S. Senator for 38 years. Remembered as a Statesman and a fiscal conservative, his fingerprints are on practically every aspect of life in South Carolina.

From the port in Charleston, to programs for hunger, to environmental legislation, he worked tirelessly for bipartisan support of major legislation. We mourn his passing and celebrate his long and productive life.

Gracious God, as we seek to carry on the work of this Senate, may we remember that the accolades of this world are only temporary but Your word is eternal. May the work we do this week and the budget that is passed be a reflection of Your spirit working in and through each Senator serving in this Chamber. May the words spoken and the actions taken be a testament to Your grace and Your glory, Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Henry Dargan McMaster:

Statewide Appointment

Initial Appointment, Director of Employment and Workforce, with term coterminous with Governor
George Daniel Ellzey, 4028 Claremont Drive, Columbia, SC 29205

Referred to the Committee on Labor, Commerce and Industry.

Local Appointments

Reappointment, Richland County Part-Time Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Ethel Brewer, 4201 Donavan Drive, Columbia, SC 29210-4305

Reappointment, Richland County Part-Time Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Roger Myers, 430 Old Bluff Road, Hopkins, SC 29061-9112

Reappointment, Richland County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Phillip F. Newsom, 211 Polo Hill Road, Columbia, SC 29223-2839

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Dierdre L. Simmons, 825 Brickingham Way, Columbia, SC 29229-9551 VICE Patrick Barber

Doctor of the Day

Senator MARTIN introduced Dr. Charles Morrow of Spartanburg S.C., Doctor of the Day.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:
Document No. 4829
Agency: South Carolina Human Affairs Commission
Chapter: 65
Statutory Authority: 1976 Code Section 1-13-70
SUBJECT: Guidelines Established
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Judiciary
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted April 16, 2019

Document No. 4847
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
SUBJECT: International Building Code
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted April 16, 2019

Document No. 4849
Agency: Department of Labor, Licensing and Regulation - Contractor's Licensing Board
Chapter: 29
Statutory Authority: 1976 Code Section 40-11-60
SUBJECT: Surety Bond Claims
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted April 16, 2019

Document No. 4865
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
SUBJECT: International Fire Code
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted April 16, 2019

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 764 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS BOYS CROSS COUNTRY TEAM, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING SEASON AND TO HONOR THEM FOR WINNING THE 2017 CLASS A STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 765 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING SEASON AND TO HONOR THEM FOR WINNING THE 2018 CLASS A STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 766 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS BOYS SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING SEASON AND TO HONOR THEM FOR WINNING THE 2018 CLASS A STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 767 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO WELCOME THE MARCH OF DIMES TO THE STATE HOUSE AND RECOGNIZE WEDNESDAY, MAY 1, 2019, AS "SOUTH CAROLINA HEALTHY MOTHER'S DAY."
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 768 (Word version) -- Senator M. B. Matthews: A SENATE RESOLUTION TO CONGRATULATE CAROLINE "MATTIE LOU" SMITH ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.

S. 769 (Word version) -- Senator Campsen: A SENATE RESOLUTION TO CONGRATULATE PHILIP AND LESLEY KELLEY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILMENT.
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The Senate Resolution was adopted.

H. 3036 (Word version) -- Reps. McCravy, Parks, West, Gagnon, Martin, Hiott, Burns, Huggins, G. R. Smith, Trantham, Ridgeway, Thayer, W. Cox, Toole, Johnson, Jefferson, Clary, Gilliard and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "DYLAN'S LAW"; AND BY ADDING SECTION 44-37-35 SO AS TO REQUIRE NEONATAL TESTING FOR CERTAIN GENETIC DISORDERS AND DISEASES AND FOR OTHER PURPOSES.

Read the first time and referred to the Committee on Medical Affairs.

H. 3403 (Word version) -- Reps. Collins, Allison, Felder, Govan, Taylor, Bradley, West, Erickson, Stringer, Young and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, AND PROVIDE RELATED REQUIREMENTS FOR COMPETENCY-BASED SCHOOLS, THE STATE DEPARTMENT OF EDUCATION, AND THE COMMISSION ON HIGHER EDUCATION.

Read the first time and referred to the Committee on Education.

H. 4075 (Word version) -- Reps. Johnson, Tallon, Hixon, Pope, Hardee, Hyde, Hewitt and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 1-7-730 RELATING TO THE EXAMINATION OF THE OFFICES OF COUNTY OFFICERS.

Read the first time and referred to the Committee on Judiciary.

H. 4357 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL RESIDENTIAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4868, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4358 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO NATIONAL ELECTRICAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4867, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4359 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL FUEL GAS CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4866, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4360 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR LICENSURE; AND MINOR CORRECTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4857, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4361 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOME INSTALLATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4824, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4362 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO DENIAL OF CERTIFICATION FOR MISCONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4813, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Judiciary.

H. 4363 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO WITHDRAWAL OF CERTIFICATION OF LAW ENFORCEMENT OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4812, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Judiciary.

H. 4364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4365 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4841, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4366 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO REQUIREMENTS FOR STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4367 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4834, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4368 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4816, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4369 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO TRANSPORTATION PROJECT PRIORITIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Transportation.

H. 4370 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING CRISIS STABILIZATION UNIT FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4809, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4413 (Word version) -- Reps. G. M. Smith, Lucas, Simrill, Rutherford and Stavrinakis: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2019-2020 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Finance.

H. 4439 (Word version) -- Reps. Clemmons, Bryant, Hosey, R. Williams, Blackwell, Clary and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-250 SO AS TO DESIGNATE THE SIXTEENTH DAY OF JULY OF EACH YEAR AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.

Read the first time and referred to the Committee on Family and Veterans' Services.

Message from the House

Columbia, S.C., April 11, 2019
Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3929 (Word version) -- Reps. Anderson, R. Williams and Jefferson: A JOINT RESOLUTION TO PROVIDE THAT DURING THE 2018-2019 SCHOOL YEAR THE STATE BOARD OF EDUCATION MAY WAIVE THE REQUIREMENTS FOR MAKING UP DAYS BEYOND THE THREE DAYS THAT MAY BE FORGIVEN BY LOCAL SCHOOL DISTRICTS FOR ANY DAYS MISSED DURING THE 2018-2019 SCHOOL YEAR BECAUSE OF SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS REQUIRING SCHOOLS TO CLOSE, TO PROVIDE THESE WAIVERS ONLY MAY BE CONSIDERED AND GRANTED UPON REQUEST OF THE LOCAL SCHOOL BOARD OF TRUSTEES THROUGH A MAJORITY VOTE OF THAT LOCAL BOARD, AND TO PROVIDE THE PROVISIONS OF THIS JOINT RESOLUTION APPLY NOTWITHSTANDING THE PROVISIONS OF SECTION 59-1-425 OR ANOTHER PROVISION OF LAW.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4000, THE GENERAL APPROPRIATIONS BILL.

H. 4000 - GENERAL APPROPRIATIONS BILL

REPORT OF THE SENATE FINANCE
COMMITTEE ADOPTED
AMENDED, READ THE SECOND TIME
DEBATE INTERRUPTED

H. 4000 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senator LEATHERMAN spoke on the report.

ACTING PRESIDENT PRESIDES

Senator TALLEY assumed the Chair.

Motion Adopted
Report of the Committee on Finance Adopted

Senator LEATHERMAN asked unanimous consent to make a motion that the Report of the Committee on Finance be adopted, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree.

There was no objection.

The report of the Committee on Finance was adopted.

Motion Adopted

On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed that the staff of the Senate Finance Committee be allowed to prepare the necessary technical correcting and balancing amendment to be delivered to, and certified by the Clerk, and for the amendment to be adopted upon his certification for inclusion in H. 4000.

Motion Adopted

On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and, further, that Finance Committee staff and other staff designated by the PRESIDENT were admitted to the floor of the Senate Chamber while debate was in progress on H. 4000, the General Appropriations Bill.

There was no objection and the motion was adopted.

Senator LEATHERMAN spoke on the report.

Report of the Subcommittee on Higher Education

Senator PEELER, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on K-12 Education

Senator SHEHEEN, Chairman of the Subcommittee on K-12 Education, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on
Health and Human Services

Senator ALEXANDER, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

PRESIDENT PRESIDES

At 10:42 A.M., the PRESIDENT assumed the Chair.

Report of the Subcommittee on
Natural Resources and Economic Development

Senator SETZLER, Chairman of the Subcommittee on Natural Resources and Economic Development, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on
Judicial and Criminal Justice

Senator MARTIN, Chairman of the Subcommittee on Judicial and Criminal Justice, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on
Constitutional Officers and Administrative Laws

Senator CROMER, on behalf of the Chairman of the Subcommittee on Constitutional and Administrative Laws, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on
Transportation and Regulatory Laws

Senator J. MATTHEWS, Chairman of the Subcommittee on Transportation and Regulatory Laws, was recognized to report to the Senate regarding the work of the subcommittee.

Privilege of the Chamber

On motion of Senator PEELER, on behalf of Senator JACKSON, the Privilege of the Chamber, to that area behind the rail, was extended to Daniel Finney and his family in recognition of Daniel earning the James H. Parke Memorial Scholarship and to wish him success in all future endeavors.

RECESS

At 11:45 A.M., on motion of Senator LEATHERMAN, the Senate receded from business until 12:45 P.M.

At 12:45 P.M., the Senate resumed.

Point of Quorum

At 12:45 P.M., Senator MASSEY made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Objection

Senator MASSEY asked unanimous consent to proceed to the Motion Period in order to set S. 678 for Special Order and at the conclusion of the motion period, return to the General Appropriations Bill.

Senator MALLOY objected.

ACTING PRESIDENT PRESIDES

Senator DAVIS assumed the Chair.

Motion Adopted

On motion of the PRESIDENT, having consulted with the Majority Leader and the Minority Leader as required by Rule 33, the Senate proceeded to the Motion Period for the sole purpose of a Special Order motion on S. 678, and upon conclusion of that vote, returned to the debate on H. 4000, the General Appropriations Bill.

Point of Order

Senator MALLOY raised a Point of Order that the motion was out of order in that the motion did not come between orders of business.

The ACTING PRESIDENT overruled the Point of Order.

The question then was the adoption of the motion.

The motion was adopted.

Recorded Vote

Senator SHEHEEN desired to be recorded as voting to abstain on the motion.

Senator GROOMS desired to be recorded as voting No on the motion.

PRESIDENT PRESIDES

At 12:52 P.M., the PRESIDENT assumed the Chair.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 678 (Word version) -- Senators Peeler, Climer, Davis and Fanning: A JOINT RESOLUTION TO PROVIDE THAT THE GOVERNOR SHALL UTILIZE THE DEPARTMENT OF ADMINISTRATION TO CONDUCT A COMPETITIVE BIDDING PROCESS FOR THE SALE OF SANTEE COOPER, TO PROVIDE THAT THE DEPARTMENT OF ADMINISTRATION SHALL EVALUATE BIDS, TO PROVIDE THAT THE GOVERNOR SHALL EXECUTE THE SALE OF SANTEE COOPER TO THE BIDDER WHOSE BID BEST PROTECTS THE INTERESTS OF SANTEE COOPER'S RATEPAYERS AND THE STATE'S TAXPAYERS, AND TO TRANSMIT THE PUBLIC SERVICE AUTHORITY EVALUATION AND RECOMMENDATION COMMITTEE'S WORK PRODUCT TO THE DEPARTMENT OF ADMINISTRATION.

Senator MASSEY moved that the Bill be set for Special Order.

Senator MALLOY spoke on the motion.

The question then was the motion to set the Bill for Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 39; Nays 5; Abstain 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Fanning                   Gambrell
Goldfinch                 Gregory                   Harpootlian
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Loftis                    Martin                    Massey
Matthews, John            Nicholson                 Peeler
Rankin                    Rice                      Sabb
Scott                     Senn                      Setzler
Shealy                    Talley                    Turner
Verdin                    Williams                  Young

Total--39

NAYS

Grooms                    Malloy                    Matthews, Margie
McElveen                  McLeod

Total--5

ABSTAIN

Sheheen

Total--1

The Bill was set for Special Order.

Privilege of the Chamber

On motion of Senator PEELER, on behalf of Senator SHEHEEN, the Privilege of the Chamber, to that area behind the rail, was extended to Miss Eliana Pinckney, daughter of former Senator Clemente Pinckney, to recognize her accomplishments and to wish her well in all future endeavors.

H. 4000 - GENERAL APPROPRIATIONS BILL

Senator MASSEY asked unanimous consent to proceed to Amendment No. 36.

Senator MALLOY objected.

Amendment No. 34

Senator SETZLER proposed the following amendment (ETK $65K WLG),which was adopted(#1):

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 17, opposite SCHOOL SAFETY PROGRAM, by:

COLUMN 7   COLUMN 8

/   STRIKING:   2,000,000   2,000,000

and

INSERTING:   1,935,000   1,935,000/

Amend the bill further, as and if amended, Part IA, Section 5, WIL LOU GRAY OPPORTUNITY SCHOOL, page 16, line 17, opposite OTHER OPERATING EXPENSES, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,904,233   1,057,912

and

INSERTING:   1,969,233   1,122,912/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER spoke on the amendment.

The amendment was adopted.

Amendment No. 25

Senator HEMBREE proposed the following amendment (BH HEMBREE TUITION MITIGATION HEPI),which was carried over:

Amend the bill, as and if amended, Part IA, Section 13, THE CITADEL, page 30, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   15,393,350   3,512,383

and

INSERTING:   15,435,291   3,554,324/

Amend the bill further, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 33, line 13, by:

COLUMN 7   COLUMN 8

/   STRIKING:   179,587,449   63,382,701

and

INSERTING:   179,901,017   63,696,269/

Amend the bill further, as and if amended, Part IA, Section 15, UNIVERSITY OF CHARLESTON, page 35, line 6, by:

COLUMN 7   COLUMN 8

/   STRIKING:   56,565,100   15,644,979

and

INSERTING:   56,710,975   15,790,854/

Amend the bill further, as and if amended, Part IA, Section 16, COASTAL CAROLINA UNIVERSITY, page 36, line 7, by:

COLUMN 7   COLUMN 8

/   STRIKING:   47,913,201   9,034,629

and

INSERTING:   48,030,874   9,152,302/

Amend the bill further, as and if amended, Part IA, Section 17, FRANCIS MARION UNIVERSITY, page 38, line 9, by:

COLUMN 7   COLUMN 8

/   STRIKING:   20,323,402   8,598,751

and

INSERTING:   20,403,705   8,679,054/

Amend the bill further, as and if amended, Part IA, Section 18, LANDER UNIVERSITY, page 40, line 16, by:

COLUMN 7   COLUMN 8

/   STRIKING:   10,976,827   4,209,922

and

INSERTING:   11,042,666   4,275,761/

Amend the bill further, as and if amended, Part IA, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 42, line 7, by:

COLUMN 7   COLUMN 8

/   STRIKING:   13,017,772   7,665,464

and

INSERTING:   13,068,227   7,715,919/

Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 44, line 25, by:

COLUMN 7   COLUMN 8

/   STRIKING:   178,773,974   77,480,187

and

INSERTING:   177,494,208   76,200,421/

Amend the bill further, as and if amended, Part IA, Section 20B, USC - AIKEN CAMPUS, page 48, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   13,782,577   7,507,577

and

INSERTING:   13,851,850   7,576,850/

Amend the bill further, as and if amended, Part IA, Section 20C, USC - UPSTATE, page 50, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   20,277,607   10,977,607

and

INSERTING:   20,414,654   11,114,654/

Amend the bill further, as and if amended, Part IA, Section 20D, USC - BEAUFORT CAMPUS, page 52, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   10,645,001   4,877,972

and

INSERTING:   10,687,813   4,920,784/

Amend the bill further, as and if amended, Part IA, Section 20E, USC - LANCASTER CAMPUS, page 54, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   4,152,455   2,806,930

and

INSERTING:   4,188,108   2,842,583/

Amend the bill further, as and if amended, Part IA, Section 20F, USC - SALKEHATCHIE CAMPUS, page 55, line 9, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,788,296   1,788,296

and

INSERTING:   1,809,412   1,809,412/

Amend the bill further, as and if amended, Part IA, Section 20G, USC - SUMTER CAMPUS, page 57, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   2,850,237   2,604,375

and

INSERTING:   2,875,150   2,629,288/

Amend the bill further, as and if amended, Part IA, Section 20H, USC - UNION CAMPUS, page 59, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,634,368   1,484,368

and

INSERTING:   1,660,249   1,510,249/

Amend the bill further, as and if amended, Part IA, Section 21, WINTHROP UNIVERSITY, page 61, line 6, by:

COLUMN 7   COLUMN 8

/   STRIKING:   29,803,424   9,661,924

and

INSERTING:   29,910,841   9,769,341/

Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 527, proviso 155, by striking lines 15 -33 and inserting:

/ (GP: Higher Education Tuition Mitigation) The following recurring funds have been appropriated in Part IA to institutions of higher education to mitigate tuition and mandatory fee increases for in-state, full-time undergraduate students:

(1) The Citadel     $ 806,593;

(2) Clemson University     $ 6,030,374;

(3) University of Charleston     $ 2,805,398;

(4) Coastal Carolina University     $ 2,263,018;

(5) Francis Marion University     $ 1,544,341;

(6) Lander University     $ 1,266,174;

(7) South Carolina State University     $ 970,330;

(8)   University of South Carolina-Columbia   $ 7,033,730;

(9) University of South Carolina-Aiken     $ 1,332,227;

(10)   University of South Carolina-Upstate   $ 2,635,614;

(11)   University of South Carolina-Beaufort   $ 823,339;

(12)   University of South Carolina-Lancaster   $ 685,650;

(13)   University of South Carolina-Salkehatchie   $ 406,087;

(14) University of South Carolina-Sumter     $ 479,118;

(15) University of South Carolina-Union     $ 497,724; and

(16) Winthrop University     $ 2,065,789. /

Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 527, proviso 117.155, after line 36 by inserting:

/   For FY 2019-20, MUSC is appropriated $4,523,265 in Part 1A to mitigate tuition and mandatory fee increases for in-state, full-time undergraduate and graduate students. In order to retain this appropriation, MUSC must certify to the Commission on Higher Education by August 1, 2019, that, its tuition and mandatory fees for all in-state, full-time undergraduate and graduate students did not exceed the rate of inflation for the 2018 Higher Education Price Index.//

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HEMBREE explained the amendment.

On motion of Senator SETZLER, the amendment was carried over.

Amendment No. 4

Senators HUTTO and SCOTT proposed the following amendment (4000 DTC FUNDING.DOCX), which was carried over:

Amend the bill, as and if amended, Part IA, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 69, by inserting after line 19,

COLUMN 7   COLUMN 8

/Denmark Technical College   2,000,000   2,000,000/

Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 536, proviso 118.16, line 32, by inserting:

/H590 State Board for Technical and Comprehensive Education - Denmark Technical College     $...2,000,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

On motion of Senator HUTTO, the amendment was carried over.

Senator MASSEY asked unanimous consent to proceed to Amendment No. 36.

Amendment No. 36

Senators GROOMS, HUTTO, WILLIAMS, MATTHEWS, RANKIN, MASSEY, GOLDFINCH, SABB, CAMPSEN and MCELVEEN proposed the following amendment (4000R041.SP.LKG.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 520, by deleting Proviso 117.141 in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GROOMS explained the amendment.

On motion of Senator MALLOY, the amendment was carried over.

Amendment No. 2

Senator GOLDFINCH proposed the following amendment (KW DNR SAM WORTH FTE'S WITH $), which was withdrawn:

Amend the bill, as and if amended, Part IA, Section 47, DEPT. OF NATURAL RESOURCES, page 140, by inserting after line 5,

COLUMN 7   COLUMN 8

/New Positions: Natural Resource Technician II

59,000   59,000

(2.00)   (2.00)/

Amend the bill further, as and if amended, Part IA, Section 47, DEPT. OF NATURAL RESOURCES, page 140, by inserting after line 5,

COLUMN 7   COLUMN 8

/New Position: Trade Specialist V   32,838   32,838

(1.00)   (1.00)/

Amend the bill further, as and if amended, Part IA, Section 47, DEPT. OF NATURAL RESOURCES, page 144, line 9, by:

COLUMN 7   COLUMN 8

/   STRIKING:   18,686,597   8,055,571

and

INSERTING:   18,725,169   8,094,143/

Amend the bill further, as and if amended, Part IB, Section 47, DEPARTMENT OF NATURAL RESOURCES, page 396, after line 22, by adding an appropriately numbered new proviso to read:

/(DNR: Samworth Wildlife Management Area) The Department of Natural Resources is directed to dedicate two new Natural Resource Technicians II and one Trade Specialist V, to the Samworth Wildlife Management Area to serve as two Wildlife Technicians and one Trackhoe Operator. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GOLDFINCH explained the amendment.

On motion of Senator GOLDFINCH, the amendment was withdrawn.

On motion of Senator GOLDFINCH, Amendment No. 1 was withdrawn.

Amendment No. 21

Senator J. MATTHEWS proposed the following amendment (EC SIB AUTHORIZATION),which was carried over:

Amend the bill, as and if amended, Part IA, Section 85, INFRASTRUCTURE BANK BOARD, page 216, line 6, by:

COLUMN 7   COLUMN 8

/   STRIKING:   282,100,000

and

INSERTING:   130,090,000   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J MATTHEWS explained the amendment.

On motion of Senator LEATHERMAN, the amendment was carried over.

Amendment No. 40

Senator SETZLER proposed the following amendment (ETK PEDIATRIC BURN UNIT), which was adopted(#2):

Amend the bill, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 64, lines 29-30, by striking /HOSPITAL AUTHORITY - BURN UNIT/ and inserting /HOSPITAL AUTHORITY - PEDIATRIC BURN UNIT/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Amendment No. 12

Senators HEMBREE, MASSEY, BENNETT, TURNER, RICE, CASH and YOUNG proposed the following amendment (DAD 1.3 FIVE PERCENT), which was tabled:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 272, proviso 1.3 (State Aid to Classrooms), line 20, by striking /65.59/ and inserting /65.33/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 272, proviso 1.3, line 21, by striking /5.68/ and inserting /5.95/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 272, proviso 1.3, line 23, by striking /$35,000/ and inserting /$33,600/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 273, proviso 1.3, lines 1-34 and page 274, lines 1-18, by striking the lines in their entirety and inserting:

/   CLASS 8 CLASS 7 CLASS 1 CLASS 2   CLASS 3

MASTERS   BACHELORS
YRS   DR DEGREE MASTERS   DEGREE BACHELORS
EXP   DEGREE +30 HRS DEGREE   +18 HRS   DEGREE

0   45,507 41,833 38,473   35,113   33,600

5.0% 5.4% 5.0%   5.0%   5.0%

1   45,559 41,941 38,651   35,264   33,618

  5.1% 5.7% 5.5%   5.4%   5.1%

2   45,815 41,957 38,742   35,366   33,759

5.7% 5.7% 5.7%   5.7%   5.5%

3   46,784 42,633 39,440   35,991   34,394

5.0% 5.0% 5.0%   5.0%   5.0%

4   48,062 43,591 40,397   36,884   35,288

5.0% 5.0% 5.0%   5.0%   5.0%

5   49,340 44,549 41,355   37,748   36,150

5.0% 5.0% 5.0% 5.0%   5.0%

6   50,616 45,507 42,314   38,641   37,044

5.0% 5.0% 5.0% 5.0%   5.0%

7   51,894 46,465 43,272   39,503   37,907

5.0% 5.0% 5.0%   5.0%   5.0%

8   53,17 47,423 44,229   40,397   38,801

5.0% 5.0% 5.0%   5.0%   5.0%

9   54,449 48,382 45,188   41,260   39,663

5.0% 5.0% 5.0% 5.0%   5.0%
10 55,727 49,340 46,146   42,154   40,557

5.0% 5.0% 5.0% 5.0%   5.0%
11 57,003 50,297 47,104   43,016   41,419

5.0% 5.0% 5.0% 5.0%   5.0%
12 58,281 51,256 48,062   43,910   42,314

5.0% 5.0% 5.0% 5.0%   5.0%
13 59,558 52,213 49,020   44,772   43,176

5.0% 5.0% 5.0% 5.0%   5.0%
14 60,836 53,171 49,978   45,668   44,070

5.0% 5.0% 5.0% 5.0%   5.0%
15   62,114 54,130 50,936   46,530   44,932

5.0% 5.0% 5.0% 5.0%   5.0%
16   63,391 55,088 51,894   47,423   45,827

5.0% 5.0% 5.0% 5.0%   5.0%
17   64,668 56,045 52,852   48,285   46,689

5.0% 5.0% 5.0%   5.0%   5.0%
18   65,315 56,606 53,381   48,769   47,156

5.0% 5.0% 5.0%   5.0%   5.0%
19   65,967 57,173 53,914   49,256   47,627

5.0% 5.0% 5.0%   5.0%   5.0%
20   66,628 57,745 54,453   49,749   48,104

5.0% 5.0% 5.0%   5.0%   5.0%
21   67,295 58,321 54,998   50,246   48,585

5.0% 5.0% 5.0% 5.0%   5.0%
22   67,968 58,904 55,548   50,748   49,071

5.0% 5.0% 5.0%   5.0%   5.0%
23   68,647 59,493 56,104   51,256   49,561

5.0% 5.0% 5.0%   5.0%   5.0%   /

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, line 19, by striking /65.41/ and inserting /65.33/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, line 20, by striking /28.88/ and inserting /28.72/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, line 23, by striking /65.41/ and inserting /65.33/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, line 24, by striking /28.88/ and inserting /28.72/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 303, proviso 1.89, line 6, by striking /four/ and inserting /five/

Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 316, proviso 1A.36, line 1, by striking /four/ and inserting /five/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HEMBREE explained the amendment.

Senator SHEHEEN explained the amendment.

Senator SHEHEEN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 30; Nays 15

AYES

Alexander                 Allen                     Campbell
Corbin                    Davis                     Fanning
Gambrell                  Gregory                   Harpootlian
Hutto                     Jackson                   Johnson
Kimpson                   Leatherman                Loftis
Malloy                    Martin                    Matthews, John
Matthews, Margie          McElveen                  McLeod
Nicholson                 Peeler                    Reese
Sabb                      Scott                     Setzler
Sheheen                   Verdin                    Williams

Total--30

NAYS

Bennett                   Cash                      Climer
Cromer                    Goldfinch                 Grooms
Hembree                   Massey                    Rankin
Rice                      Senn                      Shealy
Talley                    Turner                    Young

Total--15

The amendment was laid on the table.

Amendment No. 6

Senator SHEHEEN proposed the following amendment (DAD 1.3 CORRECTION), which was adopted (#3):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, lines 19 and 23, by striking /65.41/ and inserting /65.59/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, line 20 and 24, by striking /28.88/ and inserting /28.72/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

Amendment No. 30

Senators M.B. MATTHEWS and FANNING proposed the following amendment (ETK 1.25 & 1A.14 BM), which was tabled:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 281, proviso 1.25, line 14, by striking:/professional staffing ratios and/

Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 309, proviso 1A.14, line 15, by striking:/professional staffing ratios and/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FANNING explained the amendment.

Senator HEMBREE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 33; Nays 12

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Jackson                   Johnson
Leatherman                Loftis                    Martin
Massey                    Matthews, John            McElveen
Peeler                    Setzler                   Shealy
Sheheen                   Talley                    Turner
Verdin                    Williams                  Young

Total--33

NAYS

Fanning                   Harpootlian               Kimpson
Malloy                    Matthews, Margie          McLeod
Nicholson                 Reese                     Rice
Sabb                      Scott                     Senn

Total--12

The amendment was laid on the table.

Amendment No. 5

Senator SHEHEEN proposed the following amendment (DAD 1.76 FIRST STEPS 4K VS), which was adopted (#4):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 298, proviso 1.76, line 9, by striking /enrolling less than 80%/ and inserting /unable to enroll all/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 298, proviso 1.76, lines 20-23, by striking the lines in their entirety and inserting:

/   For Fiscal Year 2019-20, the Office of First Steps may pilot a program to provide CERDEP services in underserved communities serving multi counties and multi-districts. 4K centers served by this pilot may provide CERDEP-funded services to eligible children from non-CERDEP districts but must also offer services to students from at least one school district eligible to participate in the CERDEP program. Utilizing up to $1,000,000 of carry-forward funding, First Steps may provide grants to participants in this pilot if they are public-private partnerships to address building renovations and designs necessary to get the building and classrooms into /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

Amendment No. 14

Senator MASSEY proposed the following amendment (4000R034.SP.ASM.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 303, proviso 1.91, lines 14-17 by deleting the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MASSEY explained the amendment.

Point of Order

Senator MARTIN raised a Point of Order under Rule 24A that Proviso 1.91 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1.91.   (SDE: Cultural Sensitivity) From the funds appropriated to the Department of Education in the current fiscal year as part of the required instruction in black history as required by law, the instruction in grades 3 through 12 must include a cultural sensitivity component educating students about how they should interact with and be respectful of the beliefs and practices of people of a different race or creed.

The PRESIDENT overruled the Point of Order.

Senator SHEHEEN spoke on the amendment.

Senator MALLOY moved to carry over the amendment.

On motion of Senator MARTIN, the motion to carry over the amendment was laid on the table.

Senator MALLOY spoke on the motion.

On motion of Senator MALLOY, the amendment was carried over.

Amendment No. 43

Senator FANNING proposed the following amendment (4000C011.RT.SA19.DOCX), which was tabled:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 303, after line 31, by adding an appropriately numbered new proviso to read:

/(SDE: Additional State Aid to Classrooms)   (A)   In addition to the funds appropriated in Proviso 1.3 for State Aid to Classrooms, there is appropriated an additional amount sufficient to provide an extra thirty dollars of state funds to each student.

(B)   Notwithstanding Proviso 1.3, the percentage increase in the revised state minimum teacher salary schedule must be decreased by one percent for all categories and years of experience.   /

Amend the bill further, Part 1B, Section 118, STATEWIDE REVENUE, beginning on page 535, by striking Proviso 118.15 and inserting:

/   (SR: Teacher Bonus and Taxpayer Rebate) (A)   In the event that amounts in excess of the Fiscal Year 2018-19 unobligated general fund revenue as certified by the Board of Economic Advisors become available due to increased income tax collections resulting from the lottery ticket redemption associated with the October 24, 2018 Mega Millions contest, after the close of Fiscal Year 2018-19, the Comptroller General shall transfer such amounts in excess of the total certified unobligated general fund revenue up to $61,400,000 to the Department of Education sufficient to provide a one percent bonus to each teacher. Any remaining funds must be transferred to a Taxpayer Rebate Fund.

(B)   The bonus provided for in subsection (A)is a one-time lump sum payment equal to one percent of the teacher's salary. This payment is not a part of the teacher's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems.

(C)   From the Taxpayer Rebate Fund, to the extent sufficient funds are available, the Department of Revenue shall provide a twenty-five dollar refund to each individual income tax return filed for tax year 2018 that has at least a state individual income tax liability of twenty-five dollars, after credits, for returns filed on or before October 15, 2019. The Department of Revenue may prorate this amount based upon actual funds and eligible returns and is directed to issue these checks on December 2, 2019.     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FANNING explained the amendment.

Senator DAVIS spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 44

Senator SHEHEEN proposed the following amendment (4000C005.RT.SA19.DOCX), which was adopted (#5):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 303, after line 31, by adding an appropriately numbered new proviso to read:

/   (SDE: Standards-Based Assessments Suspended) In Fiscal Year 2019-20, the provisions of Section 59-18-325(C)(3) requiring science standards-based assessments of students in grade eight and social studies standards-based assessments of students in grades five and seven are suspended. Funding for these assessments may be carried forward and used for assessment purposes by the State Department of Education./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

Amendment No. 46

Senator BENNETT proposed the following amendment (ETK SCHOOL OF CHOICE-SB), which was adopted (#6):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 303, after line 31, by adding an appropriately numbered new proviso to read:

/   (SDE: Schools of Choice) For the current fiscal year, school districts are authorized to create multiple schools of choice within the district. These schools of choice must meet the requirements of Section 59-19-350 of the 1976 Code. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator BENNETT explained the amendment.

The amendment was adopted.

Amendment No. 7

Senator SHEHEEN proposed the following amendment (DAD 1A.77 SAVE THE CHILDREN), which was adopted (#7):

Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 328, proviso 1A.77 (Save the Children), lines 17-18, by striking the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

Amendment No. 17

Senator SHEHEEN proposed the following amendment (ETK 3.5 LOTTERY FUNDING-SHEHEEN WORKFORCE), which was carried over:

Amend the bill, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 342, proviso 3.5, lines 8-9, by striking /State Board for Technical and Comprehensive Education/ and inserting /SBTCE/

Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 342, proviso 3.5, lines 11-15, by striking the lines in their entirety and inserting

/   (A) Prior to disbursement of funds and no later than July 30, SBTCE must provide the colleges with a Board approved list, compiled based on regional and statewide industry needs of the programs and credentials for which the colleges are allowed to award grants for the current fiscal year./

Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 342, proviso 3.5, line 21, by striking:/of the academic year provided/

Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 342, proviso 3.5, line 22, after /Senate Finance Committee/ by striking:/, which/ and inserting /detailing use of funds received in the prior fiscal year. The report/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

On motion of Senator MASSEY, the amendment was carried over.

Amendment No. 58

Senator HUTTO proposed the following amendment (\ 4000C008.NBD.DG19.DOCX), which was adopted (#8):

Amend the bill, as and if amended, Part IB, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 356, after line 4, by adding an appropriately numbered new proviso to read:

/ (TEC: Transportation to Satellite Campus) During the current fiscal year if any member school ceases to be a member, for any reason, the State Board for Technical and Comprehensive Education must develop and implement a plan to assist in the transportation of the former members' students to a technical college in a county adjacent to the former member's service area. To determine the most efficient plan for student transportation assistance, the State Board must include citizen input on the transportation needs of area residents through a public forum. The State Board must also coordinate with technical colleges in the adjacent counties to locate a satellite campus within such counties. In determining the satellite campus location the Board must seek input from representatives of area business, industry, and government and area residents as to the best location of the campus. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 3

Senator GOLDFINCH proposed the following amendment (KW DNR SANCTUARIES), which was adopted (#9):

Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF NATURAL RESOURCES, page 396, after line 22, by adding an appropriately numbered new proviso to read:

/From the funds appropriated in the current Fiscal Year, the Department of Natural Resources is prohibited from enforcing any provisions of a sanctuary agreement that prohibits hunting or fishing within navigable waters. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GOLDFINCH explained the amendment.

The amendment was adopted.

Amendment No. 41

Senator MARTIN proposed the following amendment (4000C005.JN.DG19.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 402, by striking proviso 50.21 and inserting

/   50.21.   (CMRC: Development - Funding for Rural Infrastructure)   There is established within the Department of Commerce the Rural School District and Economic Development Fund. The Secretary of Commerce shall use the fund to facilitate economic development and infrastructure improvements in counties that contain a school district that has been defined by the Department of Education as having a poverty rate greater than or equal to 86%. Funds shall be used on, but not be limited to, school building infrastructure, water and sewer infrastructure, and economic development projects that directly benefit the qualifying school districts. Once a project is committed, the funds may be utilized to finish that specified project, even if the county does not remain an eligible county in subsequent years. The Department of Commerce must develop a plan on fund deployment that gives priority to counties that are classified as Tier IV, pursuant to Section 12-6-3360(B) of the 1976 Code, and that includes steps to ensure that the qualifying school districts within the eligible counties are the priority in economic development projects. This plan must be reviewed by the Joint Bond Review Committee before these funds may be expended. Funds disbursed through this proviso shall only be used on expenditures that are not eligible for the Department of Commerce's Closing Fund. No funds may be used to fund water and sewer infrastructure or economic development projects that directly assist a taxpayer under a fee in lieu of taxes agreement whereby the applicable school district does not receive its pro rata share of the fee. In addition, the department must provide an annual report on the expenditure of funds to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. Any unexpended funds at the end of the fiscal year shall be carried forward and expended in the current fiscal year by the Department of Commerce for the same purposes.       /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MARTIN explained the amendment.

On motion of Senator MARTIN, the amendment was carried over.

Amendment No. 26

Senator YOUNG proposed the following amendment (ETK 59.6 SEN YOUNG), which was adopted (#10):

Amend the bill, as and if amended, Part IB, Section 59, OFFICE OF THE ATTORNEY GENERAL, page 406, proviso 59.6, line 21, by inserting after /Commission/:

/, the State, or other state agency/

Amend the bill further, as and if amended, Part IB, Section 59, OFFICE OF THE ATTORNEY GENERAL, page 406, proviso 59.6, line 21, by inserting after /year/:

/for any proposed or existing federal project on the Savannah River related to construction in navigable waters or water quality/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator YOUNG explained the amendment.

The amendment was adopted.

Amendment No. 11A

Senators JOHNSON, HUTTO and HARPOOTLIAN proposed the following amendment (SA\4000C017.RT.SA19.DOCX), which was adopted (#11):

Amend the bill, as and if amended, Part IB, Section 84, DEPARTMENT OF TRANSPORTATION, page 436, after line 9, by adding an appropriately numbered new proviso to read:

/   (DOT: I-95 Toll)   In the current fiscal year, the Department of Transportation shall impose a toll along Interstate Highway 95 where it crosses Lake Marion in either Orangeburg County or Clarendon County. The revenue collected from the imposition of this toll must be used for the maintenance, upgrade, and expansion of the highways, bridges, and interchanges of Interstate Highway 95.     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 22

Senator CASH proposed the following amendment (4000R001.KMM.RJC.DOCX), which was tabled:

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 466, proviso 108.4, by striking the proviso in its entirety, and inserting /   108.4. (PEBA: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the mother's medical condition is one which, on the basis of the physician's good faith judgment, so complicates the pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function in which the life of the mother is at risk and the termination of the pregnancy is incidental to the lifesaving intervention, and the State Health Plan may not offer coverage for abortion services, including ancillary services provided contemporaneously with abortion services or services incidental to abortion except as permitted by this provision. Physicians shall act in accordance with the standard of care to preserve both the life of the mother and the life of the pre-born child. The Public Employee Benefit Authority must determine the amount of the total premium paid for health coverage necessary to cover the risks associated with reimbursing participants in the plan for obtaining an abortion in the circumstances covered by this provision. The determination must be based on actuarial data and empirical study in the same manner and by the same method that other risks are adjusted for in similar circumstances. The plan must report this determination annually to the respective Chairmen of the Senate Finance Committee and the House Ways and Means Committee./

Renumber sections to conform.

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Senator CASH explained the amendment.

Senator HUTTO spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 22

AYES

Allen                     Fanning                   Gregory
Harpootlian               Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Matthews, John            Matthews, Margie          McElveen
McLeod                    Nicholson                 Rankin
Reese                     Sabb                      Scott
Setzler                   Sheheen                   Williams

Total--21

NAYS

Alexander                 Bennett                   Campbell
Campsen                   Cash                      Climer
Corbin                    Cromer                    Davis
Gambrell                  Goldfinch                 Grooms
Hembree                   Loftis                    Martin
Peeler                    Rice                      Shealy
Talley                    Turner                    Verdin
Young

Total--22

Having failed to receive the necessary votes, the Senate refused to table the amendment.

Senator KIMPSON spoke on the amendment.

Senator KIMPSON moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 24; Nays 21

AYES

Allen                     Fanning                   Gregory
Harpootlian               Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Malloy                    Massey                    Matthews, John
Matthews, Margie          McElveen                  McLeod
Nicholson                 Rankin                    Reese
Sabb                      Scott                     Senn
Setzler                   Sheheen                   Williams

Total--24

NAYS

Alexander                 Bennett                   Campbell
Campsen                   Cash                      Climer
Corbin                    Cromer                    Davis
Gambrell                  Goldfinch                 Grooms
Loftis                    Martin                    Peeler
Rice                      Shealy                    Talley
Turner                    Verdin                    Young

Total--21

The amendment was laid on the table.

Amendment No. 32

Senator FANNING proposed the following amendment (4000C009.RT.SA19.DOCX), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 468, after line 4, by adding an appropriately numbered new proviso to read:

/ (PEBA: Cafeteria Workers SCRS Opt Out) In Fiscal Year 2019-20, a new part-time school cafeteria worker may exercise the option, within thirty days after entering upon the discharge of such duties, to not become a member of the South Carolina Retirement System. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FANNING explained the amendment.

Point of Order

Senator ALEXANDER raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 33

Senator FANNING proposed the following amendment (SA\ 4000C010.RT.SA19.DOCX), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 468, after line 4, by adding an appropriately numbered new proviso to read:

/ (PEBA: Return to Covered Employment) For compensation earned during the current fiscal year, the earnings limitation imposed pursuant to Sections 9-1-1790(A)(1) and 9-11-90(4)(a)(i) of the Code of Laws does not apply if the retired member has not been engaged to perform services for a participating employer in the South Carolina Retirement System or South Carolina Police Officers Retirement System for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee, or other classification of worker, for a period of at least twelve consecutive months subsequent to retirement. /

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Senator FANNING explained the amendment.

Point of Order

Senator ALEXANDER raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 50

Senator SETZLER proposed the following amendment (SA\ 4000C016.RT.SA19.DOCX), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 468, after line 4, by adding an appropriately numbered new proviso to read:

/     (PEBA: Return to Covered Employment)   In the current fiscal year, from the funds appropriated, PEBA shall allow a member who retired from the South Carolina Retirement System before July 1, 2019, after being employed by a public school district as an educator to return to employment as an educator in a public school district and not be subject to the earnings limitations as provided by law.       /

Renumber sections to conform.

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Point of Order

Senator ALEXANDER raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 57

Senator HUTTO proposed the following amendment (ETK SMALL AND MEDIUM EMPLOYERS-BH), which was adopted (#12):

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 468, after line 4, by adding an appropriately numbered new proviso to read:

/(PEBA: Small and Medium Employers) In the Plan year beginning in January of the current fiscal year, the following threshold shall apply for county governments: small employers, for voluntary participants in the state insurance program are those employers that have less than 150 covered lives, and medium employers, for voluntary participants in the state insurance benefits program are those employers that have between 150 and 500 covered lives. /

Renumber sections to conform.

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Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 20A

Senator CROMER proposed the following amendment (ETK 109.14 UPDATE V2), which was carried over:

Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 470, proviso 109.14, lines 5 - 7, by striking the proviso in its entirety, and inserting / (Collection of Business License Taxes) Except for business license taxes collected pursuant to Article 20, Chapter 9 of Title 58 and Chapters 7 and 45 of Title 38, a private, third party entity is prohibited from assessing, collecting or administering collection of business license taxes on behalf of counties or municipalities. This proviso shall not prohibit a county or municipality from contracting with a third party entity solely for the purpose of providing payment processing services for the acceptance of business license tax payments.

In addition, the Chairman of the Senate Finance Committee shall appoint a study committee which shall include the Municipal Association of South Carolina, the South Carolina Chamber of Commerce, the South Carolina Manufacturers Alliance, the South Carolina Association of Realtors and any other entities as deemed appropriate to study reform and implementation of a third party collection system. /

Renumber sections to conform.

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Senator CROMER explained the amendment.

On motion of Senator CROMER, the amendment was carried over.

Amendment No. 31

Senator FANNING proposed the following amendment (\ 4000C008.RT.SA19.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 470, after line 12, by adding an appropriately numbered new proviso to read:

/ (DOR: Tax Credit) For the tax year ending in the current fiscal year, for any county where utility property comprised at least fifty percent of the entire county's tax base, as calculated using the imputed index of taxpaying ability for the entire county pursuant to Proviso 1.47, for purposes of the jobs tax credit, the county is deemed to be a tier four county and such designation applies for all jobs created during the same tax year. /

Renumber sections to conform.

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Senator FANNING explained the amendment.

On motion of Senator BENNETT, the amendment was carried over.

Amendment No. 47A

Senator MARTIN proposed the following amendment (\ 4000C015.RT.SA19.DOCX), which was adopted (#13):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 513, proviso 117.121, line 18, by striking /2018-19/ and inserting /2019-20/

Renumber sections to conform.

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Senator MARTIN explained the amendment.

The amendment was adopted.

Amendment No. 36

Senators GROOMS, HUTTO, WILLIAMS, MATTHEWS, RANKIN, MASSEY, GOLDFINCH, SABB, CAMPSEN and McELVEEN proposed the following amendment (4000R041.SP.LKG.DOCX), which was adopted (#14):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 520, by deleting Proviso 117.141 in its entirety.

Renumber sections to conform.

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Senator GROOMS explained the amendment.

The amendment was adopted.

Recorded Vote

Senator SHEHEEN desired to be recorded as abstaining on Amendment No. 36.

Amendment No. 15

Senator MASSEY proposed the following amendment (4000R037.SP.ASM.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 526, proviso 117.153, by striking line 33 and inserting /Order 2015-18. Activities carried out/

Renumber sections to conform.

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Senator MASSEY explained the amendment.

On motion of Senator MALLOY, the amendment was carried over.

Amendment No. 42

Senator MARTIN proposed the following amendment (BH MARTIN TUITION MITIGATION ALL STUDENTS), which was adopted (#15):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 527, proviso 117.155, line 16, by striking /line 16/ and inserting /institutions of higher education to mitigate tuition and mandatory fee increases for in-state undergraduate students:/

Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 527, proviso 117. 155, line 35, by striking /line 35/ and inserting /Higher Education by August 1, 2019, that, its tuition and mandatory fees for all in-state undergraduate students did not/

Renumber sections to conform.

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Senator MARTIN explained the amendment.

The amendment was adopted.

Amendment No. 16

Senator MASSEY proposed the following amendment (4000R038.SP.ASM.DOCX), which was adopted (#16):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 527, proviso 117.155, by striking line 36 and inserting /exceed the rate of inflation for the 2018 Higher Education Price Index and that each institution has instituted and is working to implement a cost mitigation plan./

Renumber sections to conform.

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Senator MASSEY explained the amendment.

The amendment was adopted.

Amendment No. 18

Senator CAMPBELL proposed the following amendment (DG\ 4000C007.NBD.DG19.DOCX), which was adopted (#17):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 529, after line 15, by adding an appropriately numbered new proviso to read:

/ (GP:   Intrastate Motor Carrier Fee Collections)   In the current fiscal year, the Department of Motor Vehicles shall consult with the Department of Revenue and any association representing taxpayers subject to, or entities imposing, the road use fee pursuant to Article 23, Chapter 37, Title 12 of the 1976 Code, to determine the most efficient manner to implement a standardized system whereby the Department of Motor Vehicles collects all fees owed by commercial motor vehicles operating solely intrastate, including fees imposed by local government. The system must allow a payment plan option to allow these commercial motor vehicles to pay the infrastructure maintenance fee in multiple installments. The plan must include a fiscal impact statement, prepared by the Revenue and Fiscal Affairs Office, detailing the costs associated with the plan. The Department of Motor Vehicles shall submit the plan for the standardized system by December 1, 2019, to the Chairman of the Senate Finance Committee, the Chairman of the Senate Transportation Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.   /

Renumber sections to conform.

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Senator CAMPBELL explained the amendment.

The amendment was adopted.

Amendment No. 29A

Senators CAMPSEN, SETZLER, MATTHEWS, REESE, JACKSON, RANKIN, ALEXANDER, HUTTO, GROOMS, MALLOY, CROMER, SHEHEEN, DAVIS, NICHOLSON, GREGORY, ALLEN, BENNETT, JOHNSON, HEMBREE, MCELVEEN, SHEALY, TURNER, YOUNG, SABB, KIMPSON, BRIGHT MATTHEWS, GAMBRELL, FANNING, MCLEOD, SENN, TALLEY, HARPOOTLIAN, GOLDFINCH, SCOTT, WILLIAMS and MCLEOD proposed the following amendment (ETK OFFSHORE OIL V2), which was adopted (#18):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 529, after line 15, by adding an appropriately numbered new proviso to read:

/(GP: Offshore Oil) For the current Fiscal Year, no funds appropriated or authorized to the Department of Health and Environmental Control, or to local governmental entities, including but not limited to counties, municipalities and special purpose districts, may be expended to approve a plan, permit, license application or other authorization for:

(1) the construction or use of infrastructure for which the principal purpose is to facilitate the transportation of unrefined or unprocessed oil or gas into the territorial waters of South Carolina, or onto the lands of South Carolina, from offshore oil and gas production platforms and related infrastructure in the Atlantic Ocean;

(2) activities for which the principle purpose is the exploration, development, or production of unrefined or unprocessed oil or gas from within the territorial waters of South Carolina; or

(3) activities for which the principle purpose is the exploration, development, or production of unrefined or unprocessed oil or gas in the Atlantic Ocean.

For purposes of this proviso:

(1) 'Development' means the design, planning, permitting, licensing, authorization or construction of infrastructure for which the principal purpose is the production of oil or gas.

(2) 'Exploration' means any activity for which the principal purpose is to define, characterize, test for or evaluate oil or gas resources for possible commercial development or production.

(3) 'Production' means any activity for which the principal purpose is to engage in, monitor, or conduct operations or maintenance related to the active extraction of unrefined or unprocessed oil or gas.

(4) 'Territorial waters of South Carolina" means waters located within the state of South Carolina and waters of the Atlantic Ocean extending out to three nautical miles from the mean low-water mark of South Carolina's naturally occurring coastline./

Renumber sections to conform.

Amend sections, totals and title to conform.

Point of Order

Senator MARTIN raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator CAMPSEN spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator CAMPSEN explained the amendment.

The question then was the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 40; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cash
Cromer                    Davis                     Fanning
Gambrell                  Goldfinch                 Gregory
Grooms                    Harpootlian               Hembree
Hutto                     Jackson                   Johnson
Kimpson                   Leatherman                Malloy
Massey                    Matthews, John            Matthews, Margie
McElveen                  McLeod                    Nicholson
Peeler                    Rankin                    Reese
Rice                      Sabb                      Senn
Setzler                   Shealy                    Sheheen
Talley                    Turner                    Williams
Young

Total--40

NAYS

Climer                    Corbin                    Martin
Verdin

Total--4

The amendment was adopted.

Amendment No. 35

Senator TALLEY proposed the following amendment (ETK EARLY CHILDHOOD STUDY COMM-ST), which was carried over:

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 529, after line 15, by adding an appropriately numbered new proviso to read:

/   (GP: Early Childhood Education Study Committee) There is established the Early Childhood Education Study Committee to study the implementation of the recommendations included in the report of the Office of First Steps Study Committee established pursuant to Act 287 of 2014, for the establishment of a cabinet-level agency reporting directly to the governor under which certain programs shall be reorganized so that all early childhood services currently operating across multiple systems and funding streams will be coordinated to streamline an otherwise fragmented system of services resulting in more accountability, efficiency, and reduction of duplicative services.

The committee shall study how specific early childhood programs should more appropriately be housed at a combined agency, as recommended in the report of the First Steps Study Committee established pursuant to Act 287 of 2014, in order to more efficiently and effectively manage those services while ensuring existing funding streams avoid disruption and while ensuring that the operations and individual 501(c)(3) status of local First Steps Partnerships are maintained and not disrupted. Applicable programs shall include, but are not limited to: Head Start Collaboration Office, First Steps to School Readiness State Office, Office of Early Learning, ABC Childcare Program, Childcare Licensing Office, Childcare Resource and Referral Network, Child Early Reading Development & Education Program, BabyNet, Women, Infants and Children Supplemental Food Program (WIC), and the Postpartum Newborn Home Visitation Program.

The study committee shall be comprised of the following:

1)   Chairman of the Senate Family & Veterans' Services Committee, or their designee, who shall serve as Co-Chair;

2)   Chairman of the House of Representatives Education & Public Works Committee, or their designee, who shall serve as Co-Chair;

3)   Two members of the Senate, appointed by the Chairman of the Family & Veterans' Services Committee;

4)   Two members of the House of Representatives, appointed by the Education & Public Works Committee;

5)   Three members appointed by the Governor;

6)   Chairman of the Joint Citizens and Legislative Committee on Children, or their designee; and

7)   President of the Institute for Child Success, or their designee.

Staff support shall be provided by the Senate Family & Veterans' Services Committee and the House of Representatives Education & Public Works Committee. Findings and recommendations shall be submitted to the Chairman of the Senate Finance Committee, the Chairman of the House Ways & Means Committee, and the Governor by December 1, 2019./

Renumber sections to conform.

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Senator TALLEY explained the amendment.

On motion of Senator TALLEY, the amendment was carried over.

Amendment No. 56

Senators MASSEY and SETZLER proposed the following amendment (KW SANTEE COOPER NO CONTRACT), which was adopted (#19):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 529, after line 15, by adding an appropriately numbered new proviso to read:

/(GP: PSA Contracts for Contributions) In the current Fiscal Year, The SC Public Service Authority may not enter into any new contracts for contributions to the Executive Defined Benefit Plan or the Executive Retention Defined Contribution Plan. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MASSEY explained the amendment.

The amendment was adopted.

Amendment No. 53

Senator HEMBREE proposed the following amendment (DAD 118.15 & USCRSL), which was carried over:

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 535, proviso 118.15 (Taxpayer Rebate), lines 35-36, and page 536, lines 1-6, by striking the paragraph in its entirety.

Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 543, after line 16, by adding an appropriately numbered new proviso to read:

/   (SR: Unfunded SCRS Liability) In the event that amounts in excess of the Fiscal Year 2018-19 unobligated general fund revenue as certified by the Board of Economic Advisors become available due to increased income tax collections resulting from the lottery ticket redemption associated with the October 24, 2018 Mega Millions contest, revenue resulting from such funds shall be directed toward reducing the unfunded liability of the South Carolina Retirement System. /

Renumber sections to conform.

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Senator HEMBREE explained the amendment.

On motion of Senator HEMBREE, the amendment was carried over.

Amendment No. 54

Senator HEMBREE proposed the following amendment (DAD 118.15 & HECF), which was carried over:

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 535, proviso 118.15 (Taxpayer Rebate), lines 35-36, and page 536, lines 1-6, by striking the paragraph in its entirety.

Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 543, after line 16, by adding an appropriately numbered new proviso to read:

/   (SR: Higher Education Facilities Repair and Renovation Fund) In the event that amounts in excess of the Fiscal Year 2018-19 unobligated general fund revenue as certified by the Board of Economic Advisors become available due to increased income tax collections resulting from the lottery ticket redemption associated with the October 24, 2018 Mega Millions contest, from those funds the Higher Education Facilities Repair and Renovation Fund shall be established. The fund shall be separate and distinct from the general fund of the State and all other funds. Earnings and interest on the fund must be credited to it and any balance in the fund at the end of the fiscal year shall be carried forward and used for the same purpose. The Department of Administration, Executive Budget Office shall administer the fund.

The funds shall be distributed as follows: twenty-five percent shall be transferred to the State Board for Technical and Comprehensive Education for distribution among the state's public technical colleges in a manner the board promulgates by regulation; and the remaining seventy-five percent shall be transferred by the Executive Budget Office for distribution among the state's public institutions of higher learning based on a formula developed by the Executive Budget Office, in consultation with the Commission on Higher Education and adopted by regulation.

The funds may only be expended for necessary renovation, repair, and related maintenance, and other critical equipment and system repair and maintenance that are necessary for the safe and efficient operation of the institution's physical plant in its support of the institution's educational purpose. Funds must not be used for new construction. /

Renumber sections to conform.

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Senator HEMBREE explained the amendment.

On motion of Senator HEMBREE, the amendment was carried over.

Amendment No. 23

Senator RICE proposed the following amendment (\ 4000C006.RT.SA19.DOCX), which was withdrawn:

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 539, proviso 118.16, after line 8, by inserting an appropriately numbered subitem to read:

/ ( ) Lakes and Bridges Charter School-Capital Improvements $200,000; /

Renumber sections to conform.

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Senator RICE explained the amendment.

On motion of Senator RICE, the amendment was withdrawn.

Motion Adopted

Senator LEATHERMAN moved that if and when the Senate adjourns, it stand adjourned to meet tomorrow at 9:30 A.M.

Motion Adopted

Senator LEATHERMAN asked unanimous consent to make a motion that H. 4000, the General Appropriations Bill, be given a second reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and waiving the provisions of Rule 26B to allow further amendments on third reading.

There was no objection.

Debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Senate, the following appointments were confirmed in open session:

Reappointment, Richland County Part-Time Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Ethel Brewer, 4201 Donavan Drive, Columbia, SC 29210-4305

Reappointment, Richland County Part-Time Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Roger Myers, 430 Old Bluff Road, Hopkins, SC 29061-9112

Reappointment, Richland County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Phillip F. Newsom, 211 Polo Hill Road, Columbia, SC 29223-2839

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Dierdre L. Simmons, 825 Brickingham Way, Columbia, SC 29229-9551 VICE Patrick Barber

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator MALLOY, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Ernest Fritz Hollings of Charleston, S.C. Senator Hollings graduated from The Citadel and the University of South Carolina Law School. He served in the United States Army before being elected to the South Carolina General Assembly. Fritz served as both lieutenant governor and governor of South Carolina. He was elected the United States Senate where he served from 1966-2005. Fritz was a loving husband, devoted father, grandfather, and a great representative of South Carolina.

ADJOURNMENT

At 8:05 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 9:30 A.M.

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